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Learn the basics about the American court system.

From Arrest to Trial . . . . . . . . . . . 402b

Trial Proceedings . . . . . . . . . . . . . . 404

The Jury . . . . . . . . . . . . . . . . . . . . . . . . . 409

CRIMINALCRIMINALJUSTICEJUSTICESYSTEMSYSTEM

HANDBOOKHANDBOOK

402a

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CRIMINAL JUSTICE SYSTEMCRIMINAL JUSTICE SYSTEMThe American criminal justice system can be a

complicated process. Everyone involved in the

process—from the police to lawyers to ordinary

citizens—has specific duties to fulfill and certain

procedures to follow. To better understand these

duties and procedures, let’s follow a case from the

investigation through the trial and its outcome.

402b Criminal Justice System Handbook

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It had been a good vacation, but everyone was ready to be home. The Citizen family had spent a week at the beach, sunbathing and splashing in the ocean, but now they just wanted to curl up in their own beds and get some sleep. In the back seat, twins Sandy and Sally perked up as the car turned into their neighborhood. However, their excitement changed to shock when they pulled into the driveway and discovered that their house had been robbed! The Citizens could see through a broken window that most of their possessions were gone. Quickly, Mom pulled out her cell phone and called the police.

The InvestigationDetective Kenneth Kopp arrived at the Citizens’ house about an hour after they got home. He immediately got to work, checking inside and outside the house for clues. He dusted the house for fi ngerprints, and found one set on the sill of the broken window. Informing the Citizens that he would send the prints to a lab for identifi cation, he decided to ask the Citizens’ neighbors if they had seen anything.

The fi rst three neighbors Detective Kopp checked with knew nothing about the crime. However, the woman who lived next door, Ms. Nadia Naybor, told the curious offi cer that she had seen an unfa-miliar blue car drive past the Citizens’ house several times the pre-vious day. Suspicious, she had written down the car’s license plate number, which she gave to the grateful Detective Kopp. When asked, she described the driver of the car as a young woman with short brown hair.

Before long, Offi cer Kopp heard back from the crime lab. The fi ngerprints he had found belonged to a young woman named Betty Burgle, who, it turned out, also drove a light blue car. A quick check on a police database matched the license plate number Ms. Naybor had reported to her car. Offi cer Kopp had a suspect. He and his part-ner hurried to Burgle’s apartment to arrest her.

From Arrest to TrialFrom Arrest to Trial

VOCABULARY suspect a person the police believe may have committed a particular crime

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The ArraignmentAfter Burgle had been arrested and brought to jail, she contacted a lawyer to handle her case. The lawyer she chose was Douglas Doubt, a well-known and very successful defense attorney. Doubt and Burgle sat down to discuss the details of her case.

The next morning, Burgle was brought before Judge Joy Jus-tice for her arraignment. With her lawyer she listened as the judge explained the crimes with which she had been charged—burglary, or breaking into a private building, and larceny, or theft—and declared that, if found guilty, Burgle could be sentenced to several years in jail. The judge then set a date for a preliminary hearing to be held in two weeks. The purpose for this hearing, she explained, was for the prosecution to prove that it had enough evidence to support a case against Burgle. With the hearing date set, the judge set Burgle’s bailand ended the arraignment proceedings.

The arraignment completed, Burgle paid her bail and set out for home after promising to return for her hearing in two weeks.

Road to TrialJust getting a case to trial can be a complicated process. The early stages of the process can take two different forms. In most cases, the police inves-tigate a crime. In some states, however, grand juries are formed to investigate serious crimes. A grand jury is a group of citizens gathered to hear evidence and, if they feel a crime has been committed, lay charges against a suspect.

Criminal Justice System Handbook 403

SkillsFOCUS INTERPRETING CHARTS

What step follows either the issuing of a warrant or a grand jury indictment?

Crime

Police Investigation

Warrant

Grand Jury Investigation

Indictment

Arrest

Charging

DismissalHeld for Trial or Bail

Arraignment or Hearing

Guilty Plea

Sentence

Not Guilty Plea

Trial

VOCABULARY bail money paid to a court in exchange for the temporary release of a prisoner before his or her trial; bail is returned to the payer when the prisoner returns to court

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404 Criminal Justice System Handbook

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Who’s Who in the CourtroomBecause cameras are not allowed into most courtrooms, the images we see of trials are usually created by sketch artists. The sketch shows key players:

Judge Joy Justice presides over the courtroom. She answers all questions of law that arise dur-ing the trial.

District Attorney Pauline Proofe represents the state. It is her job to convince the jury of the defendant’s guilt.

Defense Attorney Douglas Doubt has been hired by the defendant to convince the jury she did not commit the crime of which she is accused.

Defendant Betty Burgle has been charged with the crimes of burglary and larceny.

Witness Nadia Naybor is cur-rently answering the questions asked by DA Proofe.

The jury listens to the testi-mony of all witnesses and the arguments of both lawyers to decide the case’s outcome.

Court Clerk Donny Docketthandles the court’s paperwork. He keeps track of evidence submitted by the lawyers and manages the fl ow of cases to be heard by the judge.

Court Reporter Tracy Transcript keeps a word-by-word record of everything said in the courtroom. She can pro-vide an instant replay of any testimony if asked.

Bailiff Oliver Order, a law enforcement offi cer, keeps order in the courtroom.

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The Preliminary HearingThe two weeks passed quickly, and Burgle once again entered the courtroom. This time, in addition to the judge and her own lawyer, the prosecuting attorney, District Attorney (DA) Pauline Proofe was pres-ent. When the hearing had begun, DA Proofe stood up and explained the case against Burgle. She described how the police had found fi n-gerprints matching Burgle’s at the crime scene and how neighbors had seen someone matching her description in the neighborhood the day of the crime. Once the DA had fi nished, Judge Justice decided that the state had enough evidence to try Burgle after all. The trial was set to begin in three weeks.

On the morning of Betty Burgle’s trial, Sandy and Sally Citizen woke up early. They were going to the courthouse with their parents to watch the trial. Their father, who had received a subpoena the week before, was going to testify as a witness, so his presence was required. The rest of the family would sit quietly in the gallery and observe.

Trial ProceedingsTrial Proceedings

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VOCABULARY subpoena a legal document requiring someone to appear in court, usually as a defendant or a witness



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Shortly after the Citizens found seats in the gallery, the trial began. The bailiff asked everyone to stand as the judge entered the room and called the court to order. Court Clerk Donny Dockett then announced the case, People v. Burgle.

Opening ArgumentsOnce everyone was seated, DA Proofe stood for her opening argument. “Ladies and gentlemen of the jury,” she began, “what would you do if someone stole all of your worldly possessions?” She explained to the jury that she would attempt to prove, through evidence and wit-ness testimony, that Betty Burgle had broken into the Citizens’ home while they were away and robbed it. She said the evidence against the defendant was so overwhelming that the outcome would be clear.

As the DA sat down, Defense Attorney Doubt took the fl oor. Though it was sad that the Citizens had been robbed, he said, there was no proof that his client had been the one to rob them. He argued that the evidence was not strong enough to convict Burgle.

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VOCABULARY testimony a firsthand account of an eventdefendant in a trial, the person accused of a crime



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Judge, Joy Justice

Presentation of EvidenceWith the opening statements complete, it was time to begin the heart of the trial—the presentation of evidence. The ultimate outcome of the trial would be based on what was said and seen here.

The Prosecution Calls WitnessesThe prosecution began by calling its fi rst witness: Mr. Citizen. Before his testimony began, he had to swear an oath to tell “the truth, the whole truth, and nothing but the truth.” Then, DA Proofe began her questioning. She asked Mr. Citizen to describe the scene at his house when he returned from vacation. In response, Mr. Citizen described his broken window and missing belongings. Once he had fi nished, DA Proofe declared that she had no more questions. The defense now had a chance to cross-examine the witness, but Doubt had no questions for Mr. Citizen.

Proofe next called Offi cer Kopp to the stand to describe his inves-tigation. She asked him about the fi ngerprints found at the scene,

Trial Stages and Key PlayersAlthough each court case is different, all of them involve certain key stages, which are outlined to the right. Each court also features people perform-ing the same tasks, whose roles are described in the boxes below.

VOCABULARY oath a promise to tell the truthcross-examine to examine a witness who has already testified for the purpose of checking or discrediting his or her testimony

Opening

• The case is officially announced and the trial is begun.

• The charges against the defen-dant are read aloud.

Opening Statements

• Prosecution attempts to clarify the charges laid against the defendant.

• Both attorneys preview the evidence they will present.

• Presides over the courtroom• Answers all questions about law• Issues sentence

District Attorney, Pauline Proofe

• Represents the people• Attempts to prove the defendant’s

guilt beyond any reasonable doubt

Defense Attorney, Douglas Doubt

• Represents the defendant• Attempts to prove the defendant’s

innocence by showing weakness in the prosecution’s case



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which had been admitted to the court as evidence. Was he certain they belonged to the defendant? Offi cer Kopp was indeed certain.

Doubt then stood to cross-examine. He asked where at the Citi-zens’ house the police had found the fi ngerprints. Kopp responded that they had been found outside on a broken window. In that case, Doubt asked, wasn’t it possible that Miss Burgle had simply been walking by and touched a window? Offi cer Kopp conceded that this was a possibility, though it seemed unlikely to him.

The next witness was Ms. Nadia Naybor, who lived next to the Citizens. She reported seeing a light blue car driven by a woman with brown hair pass the Citizens’ house the day of the robbery. The DA then asked if Ms. Naybor thought Burgle looked interested in the house, but Doubt called out an objection. He pointed out that it had not been proved that his client was in the car, so the DA should not imply that she was. The judge agreed, and Proofe withdrew her ques-tion. Later, during his cross-examination, Doubt asked if Ms. Naybor had seen the driver’s face when the car passed. She had not.

Presentation of Evidence

• Attorneys question witnesses .

• Each attorney has a chance to cross-examine witnesses called by his or her opponent.

• Attorneys present physical evi-dence that supports their case.

Closing Statements

• Attorneys summarize the cases they have presented and point out possible weaknesses in their opponents’ cases.

Deliberating and Sentencing

• The jury retires to discuss its decision.

• Once the jury has deliberated, the verdict is announced to the court.

• In the case of a guilty verdict, the judge determines the defendant’s punishment.

Witness, Nadia Naybor

• Answers questions posed by the attorneys

• Provides truthful and complete answers to all questions

Defendant, Betty Burgle

• Attempts to prove innocence• Cannot be required to provide

evidence that will incriminate himself or herself

Jury Member, Pedro Peer

• Listens to all evidence presented by both sides

• Debates evidence with other jurors to determine the final verdict


Summons For Jury DutyYou have been selected to serve as a juror in the Criminal Court of Washington County. Failure to report may result in your being held in contempt of court.

Report to the Jury Assembly Room in the Washington County Courthouse at 2 North Main Street in Riverside.The Courthouse opens at 8:30 AM.

PLEASE BRING THIS JUROR BADGEWITH YOU.

Report On: July 17, 2009

At: 8:30 A.M.

Your Juror Number is: 73294138

JURORYou must call the JUROR CALL-IN number after 4:00 PM on the day before your jury service date. Haveyour juror number available when listening to the message.The Juror Call-In Numbers are:(123) 555-45671-800-555-9876

DETACH TOP PORTION AND BRING WITH YOU ON YOUR SERVICE DATESection A Juror ConfirmationPlease answer the following questions, sign form and mail immediately.Complete Section B on reverse if necessary.

(correct if necessary)

Phone

AgeMaritalStatus S M DIV SEP WO SEX M Fcircle one

circle oneNumber of Children Ages of ChildrenIndicate your highest level of education:Did not complete High School 1–3 Years College

High School Graduate/GED Bachelor’s Degree

Technical/Vocational School Graduate Degree

Associate’s Degree

Juror Number

Service Date

Your Occupation

Your Employer

Spouse’s Occupation

Spouse’s Employer

Have your or any members of your immediate family ever been:1) party to a lawsuit Yes No2) the VICTIM of a crime Yes NoIf answer #2 is YES, indicate type of crime:

I have received my summons to report for jury duty.Signature

Date

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Receive jury summons

Report to courthouse on appointed date

Answer jury selection questions

Serve on jury

In many states, registering to vote or registering for a driver’s license also registers a person for jury duty. Poten-tial jurors are selected at random and sent summonses like the one at right.

A summons tells the prospective juror the time, place, and date to appear.

The Defense Calls WitnessesAfter Ms. Naybor’s testimony, the prosecution announced that it had no more witnesses to call. As a result, the defense now had a chance to call witnesses of its own. Attorney Doubt called only one witness: Bet-ty Burgle herself. In her testimony, Burgle said that she was at home watching television when the Citizens’ house was robbed.

When the defense had fi nished its questioning, DA Proofe had a chance to cross-examine. She asked what program Burgle had been watching on the evening in question. Burgle answered with the name of a popular game show. In response, Proofe pulled out a newspaper from the day of the robbery. Turning to the television list-ings, she noted that the show in question had not actually been aired that night. Proofe also asked Burgle if anyone else could verify that she had been at home that night. Upon learning that no one could, Proofe ended her questioning as well.

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Closing ArgumentsWith all of the witnesses’ testimony complete, it was time for the lawyers’ closing arguments. Again speaking fi rst, DA Proofe reminded the judge and the jury of the evidence against Miss Burgle, especially the fi ngerprints and the presence of her car in the neighborhood. In his closing, in contrast, Attor-ney Doubt argued that none of this evidence was convincing. All of the evidence that the prosecution had presented could be explained by pure coincidence; thus; his client should be found not guilty.

The arguments were complete, and so the jury now had to decide the outcome of the case. As the bailiff escorted the jury out of the room to deliberate in private, Sandy and Sally Citizen wished that they could hear what was happening in the jury room.

The fi rst juror to leave the room was Pedro Peer. As he led the other jurors down a hallway to the jury room, he thought back over how he had become part of the jury.

The Summons and SelectionAbout a month before the trial, Mr. Peer had received a letter in the mail saying that he had been selected for jury duty. The letter, called a summons, asked him to complete and return a form with infor-mation about himself and to appear at the courthouse on a certain date. When that day arrived, Mr. Peer and other potential jurors were escorted to a large room where they were introduced to the lawyers involved in the case.

The potential jurors were called one at a time to answer ques-tions asked by the lawyers, a process called voir dire. These questions were designed to fi nd out which potential jurors could act fairly and impartially during the trial. Among the questions asked were wheth-er the potential jurors had ever been accused of a crime, whether their homes had ever been robbed, and how they felt about long jail sentences. Those who answered in ways the lawyers did not like were dismissed from the room.

Neither lawyer objected to Mr. Peer’s answers, so he was deemed acceptable as a juror. As it turned out, he was the fi rst person actu-ally selected to serve on the jury, which made him its foreperson, or offi cial spokesperson.

How to Behaveon a Jury

1. Always be on time.

2. Pay careful attention to all testimony. If necessary, ask to have a statement repeated.

3. Do not let your reactions to testimony show during the trial. Do not make faces or exclamations that might reveal your emotions.

4. Make no judgments until all testimony has been delivered.

5. Do not speculate or guess about anything related to the trial.

6. Do not discuss the trial with anyone outside of the courtroom. Do not read newspapers or watch television reports about the trial or investigate the trial on your own time. Doing so could unfairly influence your opinion. Your decision must be based only on what is said in the courtroom.

The JuryThe Jury

VOCABULARY summons a legal order to appear in court, usually as a witness or jurorvoir dire a questioning process designed to determine the suitability of a juror or witness



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Trial and DeliberationMr. Peer and his fellow jurors arrived in the jury room to make their decision. Without delay, the jurors decided to take a vote to see where they stood. The voting revealed that 10 jurors thought the defendant was guilty and two thought she was not. However, the rules of the court stated that the jury’s decision had to be unanimous, so the out-come was not yet determined.

For the next two hours, the jurors discussed the trial. They debat-ed statements made by the witnesses, discussed evidence presented by the lawyers, and argued over their interpretations of the facts. Finally, though, they took another vote, and this time the results were unanimous. As foreperson, Mr. Peer informed the bailiff that they had reached a verdict.

The SentenceSandy and Sally Citizen sat up straight as the doors at the rear of the courtroom opened and the jury fi led back in. From her seat behind the bench, Judge Justice asked if the jury had reached a decision. Mr. Peer, acting as the foreperson, stated that they had. On behalf of his fellow jurors, he announced that they had found the defendant guilty of both burglary and larceny. As this announcement was made, Miss Burgle slumped in her chair, obviously upset.

With the jury’s verdict announced, Judge Justice now had to decide on a fair sentence under the law. Looking straight at Betty Bur-gle, the judge announced that Burgle would be sentenced to spend time in jail, punctuating her statement by pounding her gavel on the bench. Miss Burgle was led out of the room by the bailiff, the audi-ence gathered in the gallery dispersed, and the trial ended.

Assessment1. Sequence What are the major stages in a criminal trial? What happens during each stage?

2. Draw Conclusions Why do you think the jury in this case found Betty Burgle guilty of burglary and larceny?

3. Apply Conduct research using news sources in the library or on the Internet to learn more about a particular trial. Write a short report about the trial, identifying the key players in it, including the defendant, the judge, and the lawyers. Also include in your report a brief summary of the trial pro-ceedings, the fi nal verdict, and the sentence, if any.

Once a jury has finished its deliberations and decided on a guilty verdict, the judge must decide on the most appropri-ate sentence, or punishment, for the defendant.

VOCABULARY unanimous in full agreement, with no dissenting votesverdict the decision or judgment of a jurysentence the punishment imposed on a criminal after a trial


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